43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n McCleese registered copyrights for his photos in 2019. He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm.

Copying 64

Copying False Advertising Social Media Advertising 64

TorrentFreak

NOVEMBER 5, 2021

However, there are those who have made cottage industries out of the sale of illegal copies at significantly lower prices. One such individual, a 28-year-old man from Denmark, was spotted by Rights Alliance selling copies of textbooks via DBA, Denmark’s most popular online marketplace. Man Handed Suspended Prison Sentence.

Copying 143

Copying Publishing Editing Marketing 143

TorrentFreak

NOVEMBER 30, 2022

By recording the latest movies directly from the silver screen using concealed devices, ‘cammers’ fuel the illicit piracy market that thrives during the first few days of a film’s initial release. TGx is an open platform with an active and lively community, a relative rarity in today’s streaming-dominated market.

Cinema 145

Cinema Intellectual Property Copying Government 145

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

The IPKat

DECEMBER 29, 2021

The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020. billion in 2019.

Reporting 128

Reporting Intellectual Property Marketing Marketing 128

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] 1:18-CV-850-RP, 2019 WL 5258056, at *2 (W.D. June 26, 2019), report and recommendation adopted, No. 1:18-CV-850-RP, 2019 WL 5243187 (W.D. June 26, 2019), report and recommendation adopted, No. 1:18-CV-850-RP, 2019 WL 5243187 (W.D. July 12, 2019).

Trademark 129

Trademark Advertising Advertising False Advertising 129

TorrentFreak

JUNE 21, 2022

For many years Japanese manga companies had a tendency to ignore the majority of overseas markets, despite the potential for lucrative trade. Manga pirates often take credit for what amounted to a highly successful unpaid marketing project but having seen the potential, manga publishers understandably want this market for themselves.

Publishing 145

Publishing Marketing Marketing Free Content 145

TorrentFreak

DECEMBER 29, 2022

When movies are recorded directly from cinema screens, the resulting pirate copy is known as a ‘cam’, regardless of the device used – camcorder or otherwise. A screenshot from the cam copy of Minions: The Rise of Gru. Forensic investigators linked the copy to a cinema in Leeds, West Yorkshire.

Cinema 144

Cinema Copying Intellectual Property Reporting 144

TorrentFreak

OCTOBER 16, 2021

BeoutQ’s satellite operations reportedly went offline in August 2019 under assorted diplomatic pressures , but that didn’t stop the transmission of beIN content via its rival’s set-top boxes. BeoutQ was happy to continue broadcasting beIN’s content, however. Many Other Pirate IPTV Providers Pose a Threat.

Reporting 142

Reporting Marketing Marketing Television 142

Technology & Marketing Law Blog

FEBRUARY 17, 2022

According to the complaint, when Apple learned of the app, it liked the idea—so much so, in fact, that it copied it. These screenshots (from the complaint) show the alleged copying: I trust the differences are immediately apparent. Apple appeared first on Technology & Marketing Law Blog. Some Related Blog Posts.

Copyright 145

Copyright Copying Blogging Intellectual Property 145

SpicyIP

FEBRUARY 7, 2024

A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ Do you enjoy your whiskey? It alleged infringement by the Hermes Distillery’s use of an allegedly similar ‘PEACE MAKER PRESTIGE WHISKY’ label, which the latter introduced in 2019. image below). Glass Half-Full, Half-Empty?

Copying 64

Copying Trademark Branding Brands 64

Technology & Marketing Law Blog

DECEMBER 27, 2021

The application of this principle to this case is easy: the elements that Defendants allegedly copied from Coscarelli’s cookbooks are primarily lists of ingredients and directions for combining them. MN) (left the case in 2019). Esquared appeared first on Technology & Marketing Law Blog. ” Really?

Copyright 144

Copyright Social Media Copying Blogging 144

TorrentFreak

APRIL 5, 2024

A study published by the EU Intellectual Property Office in November 2019 revealed ( pdf ) that Sweden and the Netherlands were the most prolific consumers of pirate IPTV services in the entire bloc, with 9% of each population already exposed. “The Patent and Market Court of Appeal assesses that it is already evident from L.K.’s

Reporting 126

Reporting Marketing Marketing Copying 126

TorrentFreak

SEPTEMBER 30, 2021

“Plaintiff does not enforce its alleged copyrights to protect the market for its works or to further the useful arts and sciences,” John Doe writes, referring to the purpose of copyright as defined in the US Constitution. Fifteen in total. These include misuse of copyright, fair use, unclean hands, and excessive damages.

Copyright 145

Copyright Settlement Litigation Fair Use 145

Technology & Marketing Law Blog

JUNE 27, 2023

, Cattelan created artwork named “Comedian” in 2019. Copying-in-Fact. No Wrongful Copying To determine wrongful copying, the court uses the abstraction-filtration-comparison test. This solitary common feature is, on its own, insignificant and insufficient to support a finding of legal copying.

Copyright 98

Copyright Artwork Copying Social Media 98

Technology & Marketing Law Blog

OCTOBER 23, 2021

Peloton appeared first on Technology & Marketing Law Blog. Peloton successfully argued that the dad agreed to the TOS. Note: my wife is a big Peloton fan , and we own some stock in the company. The post Peloton Can’t Bind All Family Members To Its Arbitration Provision–SS v.

Contracts 136

Contracts Registration Litigation Copying 136

TorrentFreak

SEPTEMBER 7, 2022

In 2019, Cox Communications was ordered to pay a billion dollars in damages to record labels. According to the plaintiffs, IP addresses allocated to Verizon/Cellco Partnership were monitored by anti-piracy tracking outfit Maverickeye downloading and sharing pirate copies of their movies. Hundreds of Thousands of Infringements.

Copyright Infringement 140

Copyright Infringement IP Copying Reporting 140

43(B)log

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” Downloads declined after a 2015 peak. But a jury could find bona fide use.

Marketing 59

Marketing Marketing Trademark Registration 59

Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The American video and photo sharing social media platform Instagram has been accused of copying Snapchat.

Branding 52

Branding Brands Branding Marketing 52

The IP Law Blog

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. In March 2019, P&P sued Johnson Enterprises for trade dress infringement under section 43(a) of the Lanham Act and unfair competition under California law.

Copying 98

Copying Marketing Marketing Advertising 98

TorrentFreak

SEPTEMBER 6, 2022

In 2019, a Virginia jury ordered Internet provider Cox to pay a billion dollars in damages to a group of major record labels. They include YTS, The Pirate Bay, RARBG, 1337x, and others that have been called out in the US Trade Representative’s annual overview of notorious markets. When it does, we will report accordingly.

Copyright Infringement 144

Copyright Infringement IP Copyright Reporting 144

TorrentFreak

FEBRUARY 11, 2024

The complaint states that Boomer is the author of the massively popular Roblox games Weight Lifting Simulator (released in 2017/18) and a game with a similar theme called Muscles Legends (2019). The same gameplay mechanics also appear in Get Muscles Simulator but the complaint alleges that copying goes well beyond that.

Copying 118

Copying Artwork Design Designs 118

TorrentFreak

OCTOBER 30, 2021

These overviews provide input for the USTR’s annual notorious markets overview, where sites such as The Pirate Bay, Fmovies and Uploaded have appeared as repeat offenders. — A copy of PopAds’ full rebuttal, submitted as part of the USTR’s 2021 Review of Notorious Markets, is available here (pdf).

Advertising 141

Advertising Advertising Reporting Copyright Infringement 141

TorrentFreak

MARCH 8, 2023

years in prison for crimes related to Carrasquillo’s pirate IPTV service, Gears TV, which was shut down by the FBI in 2019. He found passion and love in the business of marketing and internet sales.” “Protected works should not be copied. Last month the U.S. government called for 15.5

Social Media 144

Social Media Government Business Copyright 144

TorrentFreak

JULY 29, 2021

In 2019, a Virginia jury ordered Internet provider Cox to pay a billion dollars in damages to a group of major record labels. should also block all alleged pirate sites that are listed in the USTR’s annual overview of notorious markets. — A copy of the movie companies’ complaint against WOW!,

Copyright Infringement 145

Copyright Infringement Copyright Music Settlement 145

TorrentFreak

JANUARY 6, 2022

A notable example includes members of the MiLLENiUM Release Group who were sentenced in 2019. As the indictment explains, should an unfinished work leak out to the public, any piracy can dramatically undermine the economics of publishing, undermine an author’s reputation, and interfere with secondary markets such as film adaptations.

Publishing 142

Publishing Intellectual Property Design Designs 142

Patently-O

AUGUST 17, 2021

Corsair purchased the companies in 2019, but by that time the litigation with Valve was well underway. Valve submitted a printout of Burns and argues that it was a printed copy of an online review of a Scuf controller from 2010. The focus of the appeal is whether the purported “Burns” reference should count as prior art.

Art 124

Art Litigation Inventor Publishing 124

Technology & Marketing Law Blog

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. Amazon updated the TOS in 2019 to make explicit that arbitrability would be decided by an arbitrator, and it emailed the drivers the new TOS. Amazon appeared first on Technology & Marketing Law Blog. ” Amazon claimed its TOS mandated arbitration.

Contracts 105

Contracts Copying Technology Licensing 105

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. A snip at $165. An emulator reference, presumably.

Copying 138

Copying Copyright Licensing Fair Use 138

IPilogue

OCTOBER 19, 2021

Cookie Department”) for copying Hershey’s famous Kisses shape. Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape. For example, in 2019, Hershey’s Kisses were manufactured with broken tips leaving many bakers upset by the quality.

Cease and Desist 105

Cease and Desist Branding Brands Branding 105

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

Law 52

Law Copyright Television Copyright Infringement 52

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

Artwork 98

Artwork Contracts Ownership IP 98

TorrentFreak

APRIL 27, 2023

When the USTR published its list of ‘notorious markets’ in 2019, Vietnam had other problems on its hands. In August 2019, right holders filed a criminal complaint against the operators of Phimmoi.net but a year later local authorities suspended their investigation for “ unknown reasons.”

Reporting 143

Reporting Branding Brands Branding 143

TorrentFreak

DECEMBER 8, 2022

After gaining serious momentum over the past seven years, the pirate IPTV phenomenon is now a major challenge for the entire audiovisual entertainment market. While at times unpredictable, pirate subscriptions are now viewed as a credible market alternative. Investigation Began in 2019. Investigation Launched Against Smart IPTV.

Reporting 144

Reporting Copyright Infringement Marketing Marketing 144

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. In addition to rights of the author, German copyright law also recognises related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

Technology & Marketing Law Blog

OCTOBER 17, 2023

“Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” Somebody,” he explained, “created a copy of [his] book and put it in a Google Drive that is accessible on Kiwi Farms.” on Kiwi Farms” in April 2019. Moon appeared first on Technology & Marketing Law Blog. Greer] money.”

Copyright Law 115

Copyright Law Copyright Law Copyright Infringement 115

Kluwer Copyright Blog

NOVEMBER 16, 2023

By the 2019 Funke , Pelham and Spiegel triptych, the CJEU notably closed the door for national courts to rely directly on fundamental rights as potential means of defence against alleged copyright infringements, in cases where no statutory exceptions are applicable. Interestingly, the Safarov judgment also relies on these provisions.

Copyright 89

Copyright Copying Copyright Law Publishing 89